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Pennsylvania Criminal Law Questions & Answers
1 Answer | Asked in Criminal Law for Pennsylvania on
Q: I recently saw on the Pennsylvania public records that in was charged with child endangerment and found guilty

I recently saw on the Pennsylvania public records that in was charged with child endangerment and found guilty. It's now on my record. I was in treatment for a year and never served and never returned to my house bc the bank took it back in the yr I was gone. Is this legal? I now have 18 months... Read more »

Cary B. Hall
Cary B. Hall answered on Oct 15, 2019

You need to have an extended talk with a Pennsylvania attorney ASAP to try to straighten this out - that's the best advice I can give you at this point. "Is this legal?" in an online forum isn't going to cut it. If your case is from a county in the southeastern region of Pennsylvania, I'd be... Read more »

1 Answer | Asked in Criminal Law for Pennsylvania on
Q: Can I press charges against someone for stealing narcotic pain pills a year ago

I told them if they got help I wouldn't involve the police and there are wittiness's to my making this statement and the person did get help.

William Jaksa
William Jaksa answered on Oct 5, 2019

You certainly file a report with police. They will investigate and determine if charges are warranted. If they lay charges you and all the witnesses will need to make statements to the police and attend for the scheduled trial.

1 Answer | Asked in Criminal Law for Pennsylvania on
Q: So a year ago someone stole narcotic pain pills from me. I told the person if they got help I wouldn't press charges

That being said the person got help but is now back into pills I want to press charges for the theft a year ago can I still do this or is it to late?

Cary B. Hall
Cary B. Hall answered on Oct 5, 2019

You should be good. Contact your local police to press charges.

2 Answers | Asked in Criminal Law, Domestic Violence and Sexual Harassment for Pennsylvania on
Q: I'm hiring a lawyer to try and get this person a deal in court. How does that go about.
Steven Pacillio
Steven Pacillio answered on Oct 4, 2019

Many experienced criminal defense attorneys offer an initial consultation at no cost. You should contact an experienced defense attorney who practices in the jurisdiction where the charges are pending. The attorney can discuss the strengths and weaknesses of the case and help the client make an... Read more »

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1 Answer | Asked in Criminal Law for Pennsylvania on
Q: How far back can employer investigate employee theft

Over the past 12 years I have been taking money from a seasonal employer. The total is about 33000 dollars. It was not malicious and I did intend to pay it back somehow and some way. The business is a cash business and is seasonal. How far back can they legally go and still charge me if they choose... Read more »

Steven Pacillio
Steven Pacillio answered on Oct 3, 2019

Pennsylvania Statue, 42 Pa.C.S. § 5552 states, in relevant part:

(b) Major offenses.--A prosecution for any of the following offenses must be commenced within five years after it is committed:

(1) Under the following provisions of Title 18 (relating to crimes and offenses):...
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1 Answer | Asked in Criminal Law for Pennsylvania on
Q: How many years does it take to have a misdemeanor expunged?
Cary B. Hall
Cary B. Hall answered on Sep 24, 2019

Expunged? A crazy long time. But "sealed"? You've now got a much better shot at that, thanks to a recent change in the law. Check out the information on this website for both expungement and sealing, and you should have your answer: https://mycleanslatepa.com/clean-slate-flow-chart/... Read more »

1 Answer | Asked in Criminal Law, Federal Crimes and Social Security for Pennsylvania on
Q: Hey Will I go to jail for retail theft the items was only $39. I also have a prior retail theft in 2016 will I do jail ?
Cary B. Hall
Cary B. Hall answered on Sep 23, 2019

Almost surely not. Probation.

Best of luck to you.

1 Answer | Asked in Criminal Law for Pennsylvania on
Q: if The statute of limitations are expired why would the state have a grand jury? To help change laws?

My dad was accused of something that allegedly happened 35-40 years ago. An investigation was done about 20 years ago by state police and no charges filed. The accuser is intent on destroying him. Fast forward to today and a friend told me he was questioned about this by the ag’s office in... Read more »

William Jaksa
William Jaksa answered on Sep 18, 2019

The truth is often the first thing that is sacrificed in these scenarios. If a grand jury is empanelled then they will be given evidence to decide whether there is enough evidence to lay charges and continue with the matter. The grand jury is not an investigative tool rather a check on power to... Read more »

1 Answer | Asked in Criminal Law for Pennsylvania on
Q: Is it illegal to discipline a child with a belt in pennsylvania?
Kathryn Hilbush
Kathryn Hilbush answered on Sep 16, 2019

It could be depending on the intent of the person doing the hitting and the nature of harm or physical injury caused to the child. Best advice is don't hit the child with a belt.

1 Answer | Asked in Criminal Law and Probate for Pennsylvania on
Q: Can a stricter county's public defender "withdraw from your case" if they simply do not want to fight for you??

Too long to get into. Never been charged with any crime until now. Lazy public defender has told me to shutup and accept plea deal. I'd like to hear the opinion of someone who knows criminal law; i have read and understood the PA Title 18 Codes and there's a few (I see) as fightable defenses. I was... Read more »

Cary B. Hall
Cary B. Hall answered on Sep 14, 2019

In which county are you being charged?

1 Answer | Asked in Criminal Law for Pennsylvania on
Q: Does a criminal complaint need to be dated before a search warrant is approved?

Date of search warrant is one day before date on criminal complaint. For example: date on search warrant is 3.17.19. Date on criminal complaint is 3.18.19. Is this OK?

Cary B. Hall
Cary B. Hall answered on Sep 13, 2019

Police often apply for a search warrant based on suspicion that criminal activity is afoot -- and before a criminal case is officially filed against someone. Search warrants are a way for police to amass evidence during an investigation. Once a search warrant is approved by a court and then... Read more »

2 Answers | Asked in Criminal Law for Pennsylvania on
Q: In DE County, at a preliminary hearing with the magistrate district court, can the charges/case be dismissed?
Adam H. Andrae
Adam H. Andrae answered on Sep 12, 2019

You would want to speak with a lawyer who can review all the circumstances surrounding the case, but yes, it is possible.

A judge can dismiss the charges if the prosecution does not provide enough evidence to show it is likely that a crime was committed and that the individual was the one...
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1 Answer | Asked in Criminal Law, Civil Rights, Communications Law and Domestic Violence for Pennsylvania on
Q: Say some one repeatedly says they’re going to have sexual relations with loved ones is that harassment?

Keeps saying they wanna do things like this

Peter N. Munsing
Peter N. Munsing answered on Sep 11, 2019

It's also a threat under some circumstances.

1 Answer | Asked in Civil Litigation and Criminal Law for Pennsylvania on
Q: Is there a statute of limitations for someone showing my child porn?
Peter N. Munsing
Peter N. Munsing answered on Sep 11, 2019

If it is pornographic images you created, generally no--and if the showing is online you have federal issues as well. If you mean images of you, taken when you were a child you have a number of legal avenues starting with reporting them to the Police and the FBI. You can also sue the individual.

1 Answer | Asked in Criminal Law and Immigration Law for Pennsylvania on
Q: H1 b stamping with shoplifting charges

I recently got my H1 b approved and I’m planning to go to my home county for stamping. I’m afraid that my visa might get rejected given that I have a shoplifting charge on me. This incident happened in May 2017 . Total worth of stolen items was $158 . I had to attend the court and I paid the... Read more »

Peter N. Munsing
Peter N. Munsing answered on Sep 11, 2019

Depends on how you were charged. Suggest you get the advice of a certified immigration law specialist.

3 Answers | Asked in Criminal Law for Pennsylvania on
Q: i have a freind who is charged with attempting to disarm a police officer, what is the potential outcome of that charge

we already have a lawyer and there are other charges as well from a domestic, i am the victim in the domestic but i am not pressing charges, so hopefully they will get dropped, this is also my partner. the thing that worries me the most is the other charge, i do not want to see him go to state... Read more »

Gary Kollin
Gary Kollin answered on Sep 6, 2019

Potentially he could go to prison

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1 Answer | Asked in Criminal Law for Pennsylvania on
Q: If I had a conviction for use and possession of marijuana and then received a medical card a year later, can i do anhth
Steven Pacillio
Steven Pacillio answered on Sep 5, 2019

It appear that at the time of the events that have rise to the conviction you did not be have a medical marijuana card. Accordingly, the act of possessing marijuana at that time was in violation of the law so the conviction will stand. The law looks at the particulars of the events at the time they... Read more »

1 Answer | Asked in Criminal Law, Federal Crimes and Personal Injury for Pennsylvania on
Q: I was on vacation on a 7 day cruise. Took off and returned in Miami Florida. The last night I was assaulted. I reported

I reported this to the security on the cruise ship and they told me that they had no cameras in anywhere. I was punched by a man on deck 10 of the ship. I have a huge black eye from this. I live in Pennsylvania. Is there a way I Can I still pursue this

Gary Kollin
Gary Kollin answered on Sep 1, 2019

Did you contact the police?

2 Answers | Asked in Criminal Law and DUI / DWI for Pennsylvania on
Q: My live in relative was charged with Marijuana possession.. First offense. He did have a DUI over a decade ago.

Worried he will be sentenced to jail time. I have medical issues and he is my caretaker. He does have legal representation. Court date in September though I don't know the exact date.

Cary B. Hall
Cary B. Hall answered on Aug 29, 2019

I can't imagine there'd be any jail time unless he's currently on probation right now. If his only criminal record is a DUI more than 10 years ago, then he wouldn't be on probation for that.

From what you're telling me, I say no jail time. If the threat is there, however, the fact that he...
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1 Answer | Asked in Child Custody, Criminal Law, Divorce and Family Law for Pennsylvania on
Q: Am I allowed to video or photograph my child if I am not the primary custodial parent?

Father has stated that he is refusing to allow me to video, audio, or photograph ANY member of HIS family, including OUR own children. Exact words from an email- "To reiterate, I do not agree to you or David taking pictures, or video, or audio recording me, my family, or my wife. Recording/taking... Read more »

Penelope A. Boyd
Penelope A. Boyd answered on Aug 28, 2019

People take pictures of family members all the time. When they are your kids and you are just taking their picture for a memory of an event or otherwise, unless you have a custody order to the contrary, there should be no issue. If you are posting pictures of your kids on social media, it should... Read more »

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